PRINTER'S NO. 4267
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2804
Session of
2020
INTRODUCED BY DIAMOND, BOBACK, DAVANZO, JAMES, MILLARD,
B. MILLER, MOUL, READSHAW, RYAN AND STAATS, AUGUST 18, 2020
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 18, 2020
AN ACT
Requiring cell phones and devices utilizing Internet protocol-
enabled service to obtain authorization by end-use consumers
prior to transmitting certain information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the End-Use
Consumer Authorization Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"End-use consumer." A retail consumer of electronic goods.
"Internet protocol-enabled service." A service, capability,
functionality or application provided using Internet protocol or
any successor protocol that enables an end user to send or
receive a communication in Internet protocol format or any
successor format, regardless of whether the communication is
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voice, data or video.
Section 3. Authorization required to transmit certain
information.
(a) General rule.--A cell phone or device utilizing Internet
protocol-enabled service sold in this Commonwealth shall require
explicit authorization by the end-user consumer before
transmitting the following information:
(1) Location or global positioning system data.
(2) Images or photographs from equipment on the device.
(3) Audio files or data from a microphone on the device.
(b) Authorization.--A one-time clear and affirmative
authorization shall fulfill the requirement under subsection
(a).
(c) Exception to authorization.--A distinct application or
system service utilizing the capabilities specified in
subsection (a) shall require a separate one-time clear and
affirmative authorization.
Section 4. Violations.
A violation of this act shall be deemed a per se violation of
the act of December 17, 1968 (P.L.1224, No.387), known as the
Unfair Trade Practices and Consumer Protection Law.
Section 5. Effective date.
This act shall take effect in 60 days.
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